The city and state governments of New York each recently passed laws to protect employee privacy – one law addressing use of automated decision-making tools in job interviews and promotions, and the other addressing electronic monitoring of employee communications.
New York City passed legislation to address the use of automated decision tools in hiring and promotion decisions. Starting January 2, 2023, the law will require employers or employment agencies in New York City to complete a bias audit before using an automated employment decision tool to screen job candidates or evaluate employees for promotions.
This law is part of a growing effort to prevent bias when using automated employment decision tools. Similar legislation has been passed in Illinois and Maryland, where employers that rely on artificial intelligence or facial recognition technology to analyze a job applicant's video interview are required to first provide notice and obtain consent. In addition, the US Equal Employment Opportunity Commission launched an initiative in October 2021 to gather information about the use and impact of employment-related technologies and issue technical guidance on algorithmic fairness.
What is an automated employment decision tool?
Under the new law, a tool will be classified as an "automated employment decision tool" if a computational process – derived from machine learning, statistical monitoring, data analytics or artificial...
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